Police officers who demand drivers to provide breath samples must have an approved screening device with them to be able to immediately conduct the test, ruled a full bench of the Quebec Court of Appeal, upending its own previous guidance that allowed delays depending on the circumstances.
The long-awaited ruling sets clear obligations for police officers, falls in line with Supreme Court of Canada jurisprudence that asserts that delays cannot be justified for practical reasons given that the right to counsel is temporarily suspended, and is widely expected to have an sizeable impact on impending cases, according to criminal lawyers.